4 JUDGE CHRISTIANCY'S OPINION.
The party of the first part also sells to the ence to it, but resulted in nothing. In one of
party of the second part. his gray horse and es- these interviews Chase intimated for the first
tablishment purchased by him of Rev. H. S. time that his contract not to go into the printWhite, including buggy, cutter and harness, ing and publishing business was not worth the
saddle, bridle, buffalo robe, bells, etc. paper it was written on, and that he had a
Said Beal is to have the privileqe of receiving the righL to go into the business in Ann Arbor,
lettersconnected with said business, and opening which, however, he said he should not do, as
the same. hle had given niis word. At length, however,
Witness our hands and seals, etc. in another interview, he told Beal very (lecidSigned by CHASE AND BEAL. edly that unless he would sell out he should go
The papers were all executed and delivered into business again; that though it would cost
on the 3Uth of August, and on that day or the some money to start an office, there were men
next, the parties went together to the post- ready to help him who did not like him (Beal) better
office, and Chase then publicly, in the presence of than he did. And Beal havinn heard of the
the clerks. told Col. Grant, the postmaster, that he efforts of Chase to buy another printing estabhad sold out his business to Beal and everything hlishment, and knowing or believing that there
connected with it. and that Beal was thereafter to was not room for two such establishments at
have all his correspondence and money orders, etc., Ann Arbor without such competition as would
directed the postmaster to deliver to him all letters render them unprofitable, became alarmed and
anderus to sellm Bunt Chase as no longear inclied
directed to him, Chase, including registered letters, anxious to sell. Btt Chase was no onger inclined
for which Beal. he said, was authorized to receipt to purchase, but said t at if he, Beatl, had sold
in his name, and that he was authorized to sign his when he wanted him to. it would have been all
name in all matters connected with the office, and the right, but now he was in a better shape, and would
business, that Beal was to have the postoffice not buy at all.
drawer previously used by Chase in connec- Chase thereupon soon after, in the latter part
tion witti his Office business; and he directed of July, 18-72, rented a building, rot in presses
the postmaster to put all letters that came di- and printing material, began establishing the
rected to him, or to the printing and publish- printing and publishing business, and had
ing house, into that box for Beal, unless such cormuenced setting type for the new book,
letters bore on the face of them a direction to Iwhen the association or corporation klolWv as
his own private box, (which he said he would The Ann Arbor Printing and Publishing
take,) or the number of his residence, saying at Company was formed, the articles of associathe same time. that he was no longer Dr Chase. tion for which are dated August 26, 18St2, filed
This direction to the postmaster was in accord- with the Secretary of State August 28. and with
ance wit~h the parol unlderstanding had be- | the county clerk of Washtenaw on the 30th of
tween the parties during the negotiations, in August, 1872. This corporation was located at
which it was understood that Beal was to re- Anil Arbor. Its objects are declared to be, to
ceive and open all such correspondence, and do general printing and publishing business,
whenever he found a letter which pertained to to print, puolish, bind and manulacture books,
Dr. Chase personally and not to the business, periodicals, newspapers, tracts, documents, and
lie was to return it to Chase or put it in his other publications. Its capital was to be $50,private boax. 000. divided into 500 shares. The stockholders,
And Chase some time after this had a printed with the shares taken by each, were declared
card and letter-head put on his private letters to be as follows:
to his correspondents, stating that all letters itn- i Avan IV. (Chase,.. 250 shares.
tended for himself ortJamily should also have upon Jatmes C. Watson,.. 2)
them Postoffice Box 351, otherwise they would go to Henry S. Dean, 1
his former printing nouse and be opened by stran- edgwick Dean,
Zina P. King. 10 "
For about three years this arrangement rela- Henry Krause,
tive to the correspondence seems to have been All of whom resided at Ann Arbor, and each
scrupulously adhered to, and the letters re- i was declared to be a director of the Comlpany.
ceived, the larger portion of which were in A President, Vice-President, Secretary and
reference to the sale of the book, which was Treasurer were provided for. One half ttle
principally sold in this way, amounted tofromn capital stock ($25,000) was paid in, Chase putthree or four per day up to thirty per day, a ting in the stock, and material of the printing
very large portion containing orders for the house he had just commenced, as a part of paybook, and money drafts or postoffice orders to nent; and this was merged in the new Coinpay for them. And among the letters thus re- pany. Some cf the stock/holders had long been
ceived. addressed to Chase, not orte in Jour or aware of the contract between Chase and Beuel, and
five hundred, if indeed one in a thousand, had ref- of' the nature of the restrainirng clause in it, and all
erence to the private business of Chase, or any bus- the others, with the possible (though to our mind
iness except that sold to Beal. And taough not probable) exception of Krause, had notice oj' it
the sale of the book had gradually somewhat before the corporation was.fully completed or went
declined, as the demand for it was being sup- zinto busines'., but concluded to take the risk of its
plied, it was still very large, and the business invalidity.
of the printing and binding establishment was Dr. Chase, who owned one-half the stock, was
large, prosperous and profitable. made president and superintendent of the ComBut in the meantime, Doctor Chase had com- pany, and so remained when the bill in this
menced writing, and was preparing for publi- case was filed. He was the only stockholder
cation. a niew book upon a somewhat similar who had ever betore been engaged in or carried
plan, though containing none of the matter of 6n the printing or'publishing business, though
the first book, and entitled (upon the title page) one other stockholder, Watson, had, when a
~' Dr. Chase's Family Physician, Farrier, Bee- boy learned to set type, and he had been the
Keeper, and Second Receipt Book," and being author of some books, and contemplated the
desirous of publishing the same himself, and writing and publishing of others.'hie Colaat Ann Arbor, where he resided. had consulted pany also established and published a weekly
counsel as to the validity of the restraining newspaper, the' Ann Arbor Register," aind
clause in his contract with Beal, and had come entered upon the general printing and pubto the conclusion that it was not legally binding lishing business. Their establishment in a
upon him, an7d therefore, as he testifies, that he was short time, by the addition of presses, type,
under no obligation to abide by it. He still, how- and apparatus for the various branches of the
ever, kept the entire consideration which lie work, rivaling that of Beal, though not equal
had received, and did not return or offer to re- in extent or capacity.
turn it, or any part of it. Dr. Chase being still engaged in preparing
But he met Beal and proposed to purchase his new book, wnich had been previously adback the property, offering to pay in other vertised to be completed by the 1st of Decemnproperty to the amount of some $15,000 to $20,0, 0. ber, 1872, but which was not yet completed, on
Beal, however, asked $75,000, and offered to sell the 3d day of April, 1873, entered into a formal
for that. Several interviews were had in refer- written contract with the Company, by which